Archive for the ‘Ignition Interlock Device’ Category

Illinois Drivers License Reinstatement for Cop Denied by Jesse White Himself

May 21st, 2014 at 1:41 pm

Illinois Drivers License Reinstatement: As reported in the below story, Jesse White, Illinois Secretary of State, has been personally blocking the reinstatement process of a police officer’s drivers license, even though his own hearing officer ruled in the officer’s favor:

Illinois Secretary of State Jesse White has personally been blocking a former Illinois State Police trooper from getting his driver’s license back, according to a spokesman for the office.

Now, the attorney for former trooper Matt Mitchell plans to take the battle to court.

Kerry

Photo of In-car Breathalyzer

Slone said he asked for an administrative review hearing to get the hearing officer’s decision enforced — or to at least find out who was blocking reinstatement, and why. A status conference is set for Thursday morning in Jefferson County Circuit Court in Mount Vernon.

“I’m going to push to have oral arguments on that pretty soon,” Slone said.

Dave Druker, spokesman for the Secretary of State’s Office, said there is no mystery who overruled the hearing officer — it was Secretary of State Jesse White himself.

“He does not feel at this time that the case has been made as to why Mr. Mitchell should get his license back,” Druker said of the decision by White, a Democrat. “He has the final say and, as an elected official, it’s his responsibility to make that decision.”

Druker said there was no communication between the Secretary of State’s Office and Slone before the attorney asked to have Tuesday’s appeal hearing canceled.

Kim Schlau, mother of crash victims Jessica and Kelli Uhl, planned to attend the hearing Tuesday to argue against Mitchell getting his license back, according to family spokesman David Craig.

“It was part of the plea deal when Mr. Mitchell avoided prison that he be kept off the road,” Craig said.

Mitchell was driving 126 mph, talking on his cellphone and typing into a dashboard-mounted computer when he lost control of his police cruiser in November 2007 east of O’Fallon, killing the two young women. He’s tried unsuccessfully four times previously to get his license back.

Mitchell was sentenced in 2010 to 30 months of probation in relation to the crash.

Druker said White has made no statement about whether he plans to permanently deny Mitchell his license or what criteria he would have to meet to get it back. He acknowledged it was possible that a judge could order the Secretary of State’s Office to return Mitchell’s driving privileges.

“I’m sure that has happened before,” Druker said. “But I can’t remember any specific cases in which it did.”

While he wouldn’t speculate on the outcome of the administrative review hearing, Slone said he plans to schedule another appeal hearing in a month or two.

Contact reporter Scott Wuerz at swuerz@bnd.com or call 239-2626.

Read more here: http://www.bnd.com/2014/05/20/3214362/former-isp-trooper-to-make-fifth.html?sp=/99/100/&ihp=1#storylink=cpy

 

Anti-Alcohol Forces Find Obstacles in South Carolina DUI Laws

April 10th, 2014 at 12:30 pm

Kerry

Interlock Ignition Laws Are Being Proposed by Groupds Tied to IID Companies in Every State

The prohibitionists are attempting to push through a bill that would mandate breathalyzers in all cars of first offenders. The truth is, these groups are supported through donations from the companies that make or install the breathalyzers. The MADD groups use statistical data to claim that the laws are well more successful than they actually are – there is no cross-comparison between states who mandate and those who do not – rather they simply cite to statistics that show a reduction of DUI arrests following passage of the law as proof of its success. That trick is called “Post Hoc Ergo Proctor Hoc.” Of course, these groups never accept responsibility for past proposals that have failed to reduce arrests. Nor do they ask for those other draconian laws to be lifted from the books when proven unsuccessful.

As reported:

“Emma’s Law, the state’s first get-tough effort on drunken drivers in years, ran into a roadblock Tuesday in the S.C. Senate, when one senator blocked the bill for a day.”

“Emma’s Law was amended slightly in the House, and Lourie and his supporters want the Senate to approve the House version of the bill. Due to parliamentary rules, supporters say, if the Senate changes the House version in any way, that likely could doom the bill’s chances of becoming law. The bill would then have to clear numerous new legislative hurdles to be passed.”

The House made several amendments to the Senate version of Emma’s Law. One would raise the blood alcohol level requirement to .15 from .12 for the standard requiring any person pleading guilty to or being convicted of first offense DUI to use an ignition interlock device.

For two years, Lourie and some other lawmakers, along with victims and safety advocates, have pushed – sometimes with fierce resistance from trial lawyers – to get the bill first through the Senate and, earlier this month, the S.C. House. For more than a year, the bill was mired in an obscure House subcommittee, four of whose five members are lawyers.

South Carolina’s current DUI laws contain numerous loopholes that allow accused and convicted drunken drivers to hire lawyers and get quickly back on the roads. Defending drunk drivers in the various courts of appeal and getting them back driving is a booming $100 million-a-year legal business in South Carolina.

South Carolina has one of the highest rates of drunken driving fatalities in the nation. The proposed law is named after Emma Longstreet, a 6-year-old Lexington girl killed by a repeat drunken driving offender in 2012. Since Emma died, drunken drivers have killed more than 500 other South Carolinians.”

Read more here: http://www.thestate.com/2014/04/08/3375784/anti-drunk-driver-proposed-emmas.html#storylink=cpy

NTB Recommends BAIID for All Convicted First-Time DUI Offenders

September 4th, 2013 at 11:12 am

The National Transportation Board (NTB) recommends that all first time offenders convicted of drunk driving should have ignition interlock devices installed in their vehicles.  Officially referred to as Breath Alcohol Ignition Interlock Device (BAIID), it is a breath-testing device that a driver must blow into before starting the vehicle. If the reading exceeds a certain blood alcohol concentration (BAC) level, the vehicle won’t start. According to the NTB, only seventeen states currently have the requirement for first-time offenders.

KerryThe board did a study of wrong-way crashes. Crashes where the drivers were going the wrong way on highway access ramps or cross over the median to go the wrong way on highways were in this category. Although relatively rare, these crashes are usually fatal. The study concluded that there are approximately 260 fatal wrong-way crashes per year, resulting in approximately 360 deaths. Drunk drivers caused sixty percent of these crashes.

In Illinois, any first-time DUI offender who wishes to obtain and is eligible for driving relief during the period of statutory suspension is required to have a BAIID installed in their vehicle. If a person has declined the install of a BAIID and is caught driving during suspension, the person is considered guilty of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum 30 days in jail or 300 hours of community service, and fines up to $25,000.

The offender is responsible for all fees for installation and monitoring of the BAIID. There are several vendors available to choose from, each with varying fee amounts. However, the average cost of the installation is about $80. There is also a monthly fee to rent the device, which is also about $80 per month. And the Secretary of State’s office, which runs the BAIID program, charges a monthly monitoring fee of $30.

Being convicted for driving under the influence can be costly, both financially and personally. If you have been arrested and charged with DUI, contact an experienced DuPage drunk driving attorney to defend you.

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